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Special Education

Guidance for Implementing IDEA 2004

Key Points for IDEA-2004:
Instructional Support Services (Early Intervening)

Key Points:

  • Enables districts to use up to 15 percent of the amount received under IDEA (with some restrictions) to provide instructional support services (termed early intervening services in IDEA) to students in grades K-12, with a particular emphasis on grades K-3. [613(f)(1)]

    Implementation Guidance:
    • If a district elects to do this it must complete the Massachusetts Department of Elementary and Secondary Education "Notice of Intent to Use Federal Special Education Entitlement Funds for Instructional Support Services (Early Intervening)" form.

  • Instructional support services may be provided to students needing additional academic and behavioral supports to succeed in the general education environment who are not currently identified as needing special education or related services. [613(f)(1)]

  • Districts may carry out activities that include:
    • Professional development to enable teachers and school staff to deliver scientifically based academic instruction and behavioral interventions, including:
      • Scientifically based literacy instruction; and
      • Instruction on the use of adaptive and instructional software. [613(f)(2)(A)]
    • Providing educational and behavioral evaluations, services and supports. [613(f)(2)(B)]

  • Districts providing such services will report annually to the state Department of Elementary and Secondary Education on:
    • The number of students served; and
    • The number of these students who subsequently receive special education and related services under this title during the preceding 2-year period. [613(f)(4)]

  • Funds may be used to carry out coordinated, instructional support services aligned with activities funded by, and carried out under, the Elementary and Secondary Education Act (ESEA), as long as such fund are used to supplement, and not supplant, ESEA funds. [613(f)(5)]

  • If significant disproportionality, based on race and ethnicity, is found to be occurring in a district, the state will require the identified district to reserve the maximum amount of funds under this section to provide comprehensive coordinated instructional support services, particularly to children in those groups that were significantly overidentified. [618(d)(2)(B)]

  • Nothing in this section shall be construed to limit or create a right to FAPE under the provisions of IDEA. [613(f)(3)]



Last Updated: August 18, 2009
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